# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 18

- 1265 V

UNPUBLISHED

WILLIAM DORRI S

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: April 13, 2020

Special Processing Unit (SPU); Damages Decision Based on Proffer; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Leah VaSahnja Durant, Law Offices of Leah V. Durant, PLLC, Washington, DC , for petitioner.

Heather Lynn Pearlman , U.S. Department of Justice, Washington, DC, for respondent.

DECISION AWARDING DAMAGES 1

On August 21, 2018

, William Dorris filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq

. 2 (the “Vaccine Act”). Petitioner alleges that he suffered shoulder injuries related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine he received on October 25, 2017 . Petit ion at 1 . The case was assigned to the Special Processing Unit of the Office of Special Masters.

On December 27, 2019

, a ruling on entitlement was issued , finding P etitioner entitled to compensation for SIRVA . On April 13, 2020

, R espondent filed a p roffer on

a ward of compensation (“Proffer”) indicating P etitioner should be awarded $ 74,836.73

. Proffer at 1

. In the Proffer, R espondent represented that P etitioner agrees with the

1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims' website in accordance with the E

Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the decision will be available to anyone with access

to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure o f which would constitute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Inj ury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2

proffered award. Id. Based on the record as a whole, I find that P etitioner is entitled to

an award as stated in the Proffer.

Pursuant to the terms stated in the attached Proffer, I award P etitioner a lump sum payment of $ 74,836.73 ( c omprised of $72,500.00 for pain and suffering and $2, 336.73 for unreimbursable expenses) in the form of a check payable to

P etitioner

. This amount represents compensation for all damages that w ould be available under § 15 (a)

.

The clerk of the court is directed to enter judgment in accordance with this

decision. 3

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran Chief Special Master

3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice renouncing the right to seek review.1 IN THE UNITED STATES COURT OF FEDERAL CLAIMS

OFFICE OF SPECIAL MASTERS

WILLIAM DORRIS

,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN
SERVICES,

Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No . 18-1265V Chief Special Master Corcoran

ECF

RESPONDENT’S PROFFER ON AWARD OF COMPENSATION

On August 21, 2018, William Dorris (“petitioner”) filed a petition for vaccine injury

compensation al leging that he suffered a shoulder injury related to vaccine admi nistration

(“SIRVA”) as result of an influenza (“flu”) vaccine administered on October 25, 2017. On

December 2 3, 2019, respondent conceded that entitlement to compensation was appropriate

under the terms of the V ac cine Act. On December 27 , 2019, Chief Special Master Corcoran

issued a Ruling on Entitlement finding that petitioner was entitled to compensation

.

I. Items of Compensation

Based upon the evidence of record, respondent proffers that petitioner should be awarded

$74,836.73, comprised of $72,500.00 for pain and suffering and $2,336.73 for unreimbursable

expenses . This amount represents all elements of compensation to which petitioner is entitled

under 42 U.S.C. § 300aa-15(a). Petitioner agrees.

II. Form of the Award

Respondent recommends that the compensation provided to petitioner be made through a2 lump sum payment of $74,836.73 in the form of a check payable to petitioner. 1 Petitioner

agrees.

Petitioner is a competent adult. Evidence of guardianship is not requir ed in this case.

Respectfully submitted,

JOSEPH H. HUNT Assistant Attorney General

C. SALVATORE D’ALESSIO Acting Director
Torts Branch, Civil Division

CATHARINE E. REEVES Deputy Director
Torts Branch, Civil Division

ALEXIS B. BABCOCK

Assistant Director
Torts Branch, Civil Division

/s/ Heather L. Pearlman

HEATHER L. PEARLMAN

Assistant Director
Torts Branch, Civil Division U.S. Department of Justice

P.O. Box 146 Benjamin Franklin Station Washington, D.C. 20044-0146 Phone: (202) 353-2699

Email: heather.pearlma n2@usdoj.gov

DATED: April 13, 2020

1 Should petitioner die prior to the entry of judgment, respondent reserves the right to move the Court for appropriate relief. In particular, respondent would oppose any award for future medical expenses, future pain and suffering, and future lost wages.